DISABILITIES
(1) Autism
Autism
means a developmental disability that significantly affects verbal and
nonverbal communication and social interaction generally evident before age
three (3) that adversely affects educational performance. This includes other
pervasive developmental disorders. Other characteristics often associated with
autism are engagement in repetitive activities and stereotyped movements,
resistance to environmental change or changes in daily routines, and unusual
responses to sensory experiences. Autism does not apply if a child’s
educational performance is adversely affected primarily because the child has
an emotional disability, as defined in these rules. A child who manifests the
characteristics of autism after age three (3) could be identified as having
autism if the criteria herein are satisfied. SUPP. NO. 11-2 SPECIAL EDUCATION
SERVICES 290-8-9.03(1) (b) 290-8-9.03(2)(c)3. 506 Effective 11-04-13
(2) Deaf-Blindness
Deaf-Blindness
means concomitant hearing and visual impairments, the combination of which
causes such severe communication and other developmental and educational needs
that they cannot be accommodated in special education programs solely for
children with deafness or children with blindness. SUPP.
NO. 07-2 SPECIAL EDUCATION SERVICES 290-8-9.03(3) 290-8-9.03(3)(c)2. 507
Effective 11-04-13
(3) Developmental Delay
Developmental Delay means a delay that adversely affects daily life and/or educational performance in one or more of the following developmental areas:
1. Adaptive
2. Cognitive
3. Communication
4. Social or emotional, and/or
5. Physical
and results in the need for special education and related services. A child may become eligible for this area of disability on his or her third birthday. A child identified with a developmental delay must be reevaluated prior to his or her ninth birthday to determine continued eligibility for special education services. At age nine, a child can no longer be eligible in the area of developmental delay and must be eligible in another area of disability in order to continue special education services. If a child turns nine during the school year and is eligible for an area of disability, that child may continue to receive special education services in his or her current program for the remainder of that school year. A child who turns nine during the school year and is not eligible for another area of disability will be served in general education programs for the remainder of the school year. SUPP.
NO. 11-2 SPECIAL EDUCATION SERVICES 290-8-9.03(3) (c)3. 290-8-9.03(4)(c)3. 508
Effective 11-04-13
(4) Emotional Disturbance
Emotional Disturbance means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child’s educational performance:
1. An inability to learn that cannot be explained by intellectual, sensory, or health factors;
2. An inability to build or maintain satisfactory interpersonal relationships with peers and teachers;
3. Inappropriate types of behavior or feelings under normal circumstances;
4. A general pervasive mood of unhappiness or depression; or
5. A tendency to develop physical symptoms or fears associated with personal or school problems. Emotional disturbance includes schizophrenia. The term does not include children who are socially maladjusted, unless it is determined that they have an emotional disturbance. SUPP. NO. 11-2 SPECIAL EDUCATION SERVICES 290-8-9.03(4)(c)4.
290-8-9.03(5)(a) 509 Effective 11-04-13
(5) Hearing Impairment
Hearing
Impairment means an impairment in hearing, whether permanent or fluctuating,
that adversely affects a child’s educational performance. This term includes
both deaf and hard-of-hearing. SUPP. NO. 11-2 SPECIAL EDUCATION SERVICES
290-8-9.03(5)(b) 290-8-9.03(6)(b)4. 510 Effective 11-04-13
(6) Intellectual Disability
Intellectual
Disability means significantly subaverage general intellectual functioning
existing concurrently with significant limitations in adaptive behavior and
manifested during the developmental period that adversely affects the child’s
educational performance. (SUPP.
NO. 11-2 SPECIAL EDUCATION SERVICES 290-8-9.03(6) (b)5. 290-8-9.03(7)(c) 511
Effective 11-04-13
(7) Multiple Disabilities
Multiple Disabilities means concomitant
impairments (such as intellectual disability-blindness, or intellectual
disability-orthopedic impairment), the combination of which causes such severe
educational needs that they cannot be accommodated in special education
programs solely for one of the impairments. Multiple disabilities does not
include deaf-blindness. SUPP.
NO. 07-2 SPECIAL EDUCATION SERVICES 290-8-9.03(8) 290-8-9.03(9)(a) 512
Effective 11-04-13
(8) Orthopedic Impairment
Orthopedic Impairment means a severe orthopedic impairment that adversely
affects a child’s educational performance. The term includes impairments caused
by a congenital anomaly, impairments caused by disease (e.g., poliomyelitis,
bone tuberculosis), and impairments from other causes (e.g., cerebral palsy,
amputations, and fractures or burns that cause contractures). If a medical
diagnosis is presented, the medical diagnosis alone is not enough to justify
being identified in the area of orthopedic impairment. The impairment must
adversely affect the educational performance of the child. SUPP.
NO. 07-2 SPECIAL EDUCATION SERVICES 290-8-9.03(9)(b) 290-8-9.03(9)(e)2. 513
Effective 11-04-13
(9) Other Health Impairment
Other
Health Impairment means having limited strength, vitality or alertness,
including a heightened alertness to environmental stimuli, that results in
limited alertness with respect to the educational environment, that is due to
chronic or acute health problems such as asthma, attention deficit disorder or
attention deficit hyperactivity disorder, diabetes, epilepsy, a heart
condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever,
sickle cell anemia, and Tourette Syndrome. If a medical diagnosis is presented,
the medical diagnosis alone is not enough to justify being identified in the
area of other health impairment. The impairment must adversely affect the
educational performance of the child. SUPP. NO. 07-2 SPECIAL EDUCATION SERVICES
290-8-9.03(9)(b) 290-8-9.03(9)(
(10) Specific Learning Disability
Specific
learning disability means a disorder in one or more of the basic psychological
processes involved in understanding or in using language, spoken or written,
that may manifest itself in the imperfect ability to listen, think, speak,
read, write, spell, or to do mathematical calculations, including conditions
such as perceptual disabilities, brain injury, minimal brain dysfunction,
dyslexia, and developmental aphasia. Specific learning disability does not
include learning problems that are primarily the result of visual, hearing, or
motor disabilities, of intellectual disability, of emotional disability, or of
environmental, cultural, or economic disadvantage. SUPP.
NO. 11-2 SPECIAL EDUCATION SERVICES 290-8-9.03(10)(c)2.(ii)
290-8-9.03(10)(d)2.(i)(II)I. 515 Effective 11-04-13
(11) Speech or Language Impairment
Speech or Language Impairment means a communication disorder in the area of articulation, voice, fluency, or language that adversely affects a child’s educational performance.
1. Articulation
Evidence that vision/hearing screening results are satisfactory prior to proceeding with evaluations.
Errors are primarily characterized by substitutions, distortions, additions, and omissions. Phonological errors are in excess of developmental expectations and nondevelopmental processes may be noted. Errors are not stimulable. Connected speech may be unintelligible or may be intelligible only to familiar listeners or within known contexts.
Children who exhibit a tongue thrust are not eligible for speech/language services unless they also exhibit an associated articulation disorder. Speech/language services are not a required service for children who exhibit tongue thrust only.
A child does not meet the criteria for an articulation disorder if the sole assessed disability is an abnormal swallowing pattern.
A child does not meet the criteria for an articulation disorder as a result of dialectal patterns or second language acquisition patterns.
2. Voice
Evidence that vision/hearing screening results are satisfactory prior to proceeding with evaluations.
The child’s voice is abnormal in vocal quality, pitch, loudness, resonance and/or duration and is inappropriate for the child's age and gender. Deviance is noticeable and distracting to any listener. The disorder adversely affects communication.
The voice disorder is not the result of a temporary problem such as normal voice change, allergies, asthma, tonsils and/or adenoid removal or other such conditions.
3. Fluency
Evidence that vision/hearing screening results are satisfactory prior to proceeding with evaluations.
Abnormally dysfluent speech is observed during conversation and/or structured speaking tasks. Listeners are distracted by the child’s dysfluent speech and distracting concomitant behaviors may be observed. The child may exhibit fear or avoidance of speaking.
The child’s ability to communicate is adversely affected by the disorder. Developmental dysfluencies attributable to normal maturation patterns are not considered as a disability
4. Language
Evidence that vision/hearing screening results are satisfactory prior to proceeding with evaluations.
Syntactic, morphologic, semantic, and/or pragmatic errors are observed. The child’s ability to comprehend or use spoken language is adversely affected.
A total language standard score or quotient of at least two standard deviations below the mean (70 or below) on a standardized comprehensive language test containing both receptive and expressive components must be obtained.
Dialectal differences or English as a second language is not considered a language disorder.
(12) Traumatic Brain Injury
Traumatic
Brain Injury means an acquired injury to the brain caused by an external
physical force, resulting in total or partial functional disability or
psychosocial impairment or both, that adversely affects educational
performance. The term applies to open or closed head injuries resulting in
impairments in one or more areas such as cognition, language, memory,
attention, reasoning, abstract thinking, judgment, problem-solving, sensory,
perceptual and motor abilities, psychosocial behavior, physical functions,
information processing, and speech. The term does not apply to brain injuries
that are congenital or degenerative, or brain injuries induced by birth trauma.
(13) Visual Impairment
Visual Impairment means a visual impairment that, even with correction, adversely affects a child’s educational performance. The term includes both partial sight and blindness.
SUPP. NO. 11-2 SPECIAL EDUCATION SERVICES 290-8-9.03(13)(b) 290-8-9.04(1)(d)
522 Effective 11-04-13